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MGG: And so, the CLP exam is to be revamped ... By M.G.G. Pillai 8/12/2001 2:32 am Sat |
A berriboned Legal Profession Qualifying Board could not detect,
or ignored, the corruption in its offices. It stonewalled all
attempts to address the complaints since the Certificate of Legal
Practice was introduced in 1984 for those who did not acquire
their law degrees locally. When the Malay Mail got copies of its
examination papers well before the date, the LPQB ignored them
until it could no longer. But it would not go away. There is,
in Bolehland, no smoke without fire. The LPQB then reacted in
fright, haste and embarrassment, and decided only to ensure the
CLP examinations should never be given the status it has. The
director himself is now arrested, the shenanigans in the marking
now admitted, while refusing to have the papers remarked. It
puts conditions and shuts the door not in the interest of natural
justice and equity, but to hope that by doing so the furore would
die down. It would not. Law suits are planned. Many believe the CLP
is a deliberate attempt to ensure fewer non-Malays enter the legal
profession. Especially since the local universities are meant,
not to put a fine point to it, only for Malays: they are
admitted if they have the minimum marks; the non-Malays if they
have the highest. Since local university law graduates do not
have to sit for the CLP, it is the non-Malay who is affected.
With this official belief that entry into the professions must be
restricted only to those who could afford it, it reduces the pool
even further. Since few pass on their first try, it opened a
market for bypassing the system. Since in whatever you do in
Bolehland, you are a failure if you do not make as much money as
you can, preferably illegally, the examinations were debased for
filthy lucre. All this comes to haunt the government. The de facto law
minister, Dato' Seri Rais Yatim, after refusing to comment on it,
cannot now be stopped from suggesting how the CLP could be
rescued from its morass. He suggests, hectors and demands with
no clear idea what but to show he had been in control at all
times, and prevent the political fallout from it. So, he orders
the CLP examination reviewed. A workshop is planned. The
bureaucratic format to divert attention is in full force. He
wants "feedback" on its relevance "in light of a changing legal
profession". There are, you know, "so many aspects to look at",
which he would not address when it was first brought to his
attention. He, and his cabinet colleague, the UMNO youth chief,
washed their hands off when some who failed asked for help. Now
he wants answers by last night. Yet another vaunted attempt to show it is at the cutting
edge of professional competence falls by the wayside. As it
must, when these examinations are to forcibly handicap the
non-Malay so the Malay could dominate. Competence is not the
issue. So, revamping the CLP would not work. The LPQB proved
that having well-meaning high ranking officials mean nothing if
all are Malay, and the occasional non-Malay, the chairman of the
Bar Council for instance, bending over backwards to not want to
rock the boat. The government believes if the members are
well-intentioned, the system would work. It would not.
There must be, as I have argued earlier, on it people who
while not lawyers are street smart to note the dangers as they
arise. There must be on it those who know about the marking of
papers and those who can be relied upon to keep the board within
the straight and narrow. High ranking and well-regarded members
-- how much higher can one seek than the Attorney-General and a
competent federal court judge? -- alone are enough. So, if the
Rais revamp is to mean anything, it must tighten and widen the
composition of the LPQB such that problems are addressed and
resolved within -- and not because it learns of them from
newspaper reports what those who sit for CLP had known for years.
Then there is the other intriguing question: if the Malay Mail
did not go to town with it, would Dato' Seri Rais order the
revamp? No. M.G.G. Pillai |